UnifiedOnline Inc fka UOIP

[rbd1]

OBLIGATION TO TRY TO SETTLE
Initially, for the joint submission brief, these parties were to discuss the possibility of settlement. By the time of (iv), they must specifically certify (basically affirm) that they have engaged in a good faith effort to explore the resolution of controversy by settlement (see Rule 16.3(c)(12) of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware). Initially, they have to state whether there's a possibility of settlement whereas, later along in the case, they must undertake to engage in a good faith effort to settle. Despite getting smoked at the Markman hearing, it appears the Defendants haven't yet tried to engage in a good faith effort to settle.